32 U. Rich. L. Rev. 545 (1998-1999)
Canning Spam: Compuserve, Inc. v. Cyber Promotions, Inc.

handle is hein.journals/urich32 and id is 563 raw text is: CANNING SPAM: COMPUSERVE, INC. V. CYBER
PROMOTIONS, INC.
As new technology emerges, the appearance of related
legal issues seems never to be far behind.'
I. INTRODUCTION
A. The    Issue  of  Unsolicited  Commercial Electronic     Mail
Messages
The rapid development of the Internet as a source of infor-
mation and as a means of communication has caused courts
and legislatures to scramble to integrate old legal structures
into a new framework. The characteristic of near-instantaneous
access to millions of subscribers of various Internet service
providers (ISPs) has attracted the attention of commercial ad-
vertisers, especially those seeking mass audiences. The Internet
has also fostered the proliferation of electronic mail (e-mail) as
a means of communication. Further, it has attracted the atten-
tion of Congress, where there are currently three bills pending
which would restrict or prohibit unsolicited e-mail advertising.2
The Federal Trade Commission also recently directed represen-
tatives of the computer industry, marketing companies and
privacy advocates to formulate a voluntary method of dealing
with the increasing volume of these advertising messages.'
A recent case from the Southern District of Ohio addressed
the issue of an online computer service's right to prevent a
commercial advertiser from sending unsolicited e-mail adver-
1. Lutz Appellate Servs., Inc. v. Curry, 859 F. Supp. 180, 181 (E.D. Pa. 1994).
2. See Victoria Shannon, Advice for Removing Span's Stain from the Screen,
WAH. POST, July 28, 1997 (Washington Business), at 19.
3. See Rajiv Chandrasekaran, Group Blocks Postings of UUNet Customers, WASH.
POST, Aug. 5, 1997, at C1.

545

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